Citing Criminal Rule 4(A) of the Indiana Rules of Criminal Procedure, public defender James Recker has filed a motion for the release of his client, Terrell Britton, who was arrested in June and charged with six Class A felonies, six Class D felonies and two Class A misdemeanors for his alleged involvement in sexual misconduct with four minors.
Britton has pled not guilty to all charges.
Criminal Rule 4(A) states that "No defendant shall be detained in jail on a charge, without a trial, for a period in aggregate embracing more than six months from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge (whichever is later); except where a continuance was had on his motion, because of congestion of the court calendar; provided, however, that in the last-mentioned circumstance, the prosecuting attorney shall make such statement in a motion for continuance not later than 10 days prior to the date set for trial, or if such motion is filed less than 10 days prior to the trial, the prosecuting attorney shall show additionally that the delay in filing the motion was not the fault of the prosecutor."
The rule says that should a defendant be released in accordance with rule 4(A), it should be on his or her own recognizance.
At his initial hearing on June 16, Britton's bond was set at $100,000 cash. A pretrial conference was held on July 31, and a jury trial was set at that time for Dec. 10 with a final pretrial conference date of Nov. 20. That conference was reset, per Recker's request, for Nov. 24.
On Nov. 20, the court reset Britton's final pretrial for March 5 and his jury trial for March 25. The court then pushed those dates back again, to March 12 and April 1, on Jan. 13.